Promoting a productive workplace, rights and duties of the parties: Labour Act in focus

Employer-worker relationships have become complex as the labour market evolves making it difficult to sometimes determine the rights and duties owe to each other. The notion that the employer is solely responsible for everything that ensures and encourages a conducive workplace and productivity is erroneous. To nurture positive industrial relations and productive labour force countries enact legislations that clearly spell out the rights and duties of both parties of which Ghana is no exception.

In Ghana, the primary legislature governing labour and related issues is Labour Act, 2003 (Act 651) which clearly spells out these rights and duties owe by employers and workers to each party. This write-up seeks to highlight some of these rights and duties of an employer and a worker within the Ghanaian labour law context for our edification.

Some basic rights and duties of an employer and employee

The concept of employment is fundamental to the human existence. It shapes personalities of individuals and makes space for them within the social fabric of societies.

Employment as a contract places the parties under certain binding responsibilities and deserving rights usually found in labour laws. It is essential, therefore, that employers and workers are mindful of their respective responsibilities and rights at the workplace, either reactive or proactive, to ensure a healthy ecosystem for businesses to flourish.

In Ghana, however, the primary legislation that regulates labour and employment issues is the Labour Act, 2003 (Act 651). The primary purpose of the legislation is to promote harmonious co-existence between employers and workers that promotes the prospects of organizations, meets the aspirations of workers and brings developments to the societies in which they operate. These rights and duties of employers and workers in the Ghanaian context are enumerated under sections 8 to 11 of the Labour Act. The following are the rights enjoyed by the parties under the law.

• The rights of the employer: The rights of an Employer are in two categories, those directed at the employee and those directed at the business of the employer. In relation to a worker the employer shall exercise the right to employ, discipline, transfer, promote and terminate the employment of a worker. To ensure the execution of the business of the employer, however, the employer shall exercise the right to formulate policies, execute plans and programmes to set targets to modify, extend or cease operations; determine the type of products to make or sell and their prices. These rights are designed to give the employer control over the affairs of its business to realize the objectives and goals of same.
• Rights of a worker: a worker is not just a bearer of duties but also possesses essential rights under law to protect their welfare and dignity. The rights of a worker as enumerated in the Labour Act place a higher responsibility on the employer to ensure the presence of some fundamental conditions that engenders a productive eco-system. The employer is, therefore, enjoined to provide the right environment for work and shared benefits; promote work-life balance and socialization of workers; as well as, provide relevant information needed for skill development and performance of work.

In other to safeguard an eco-system that promotes great working experience the worker is clothed with the rights to demand work under satisfactory, safe and healthy conditions; receive equal pay for equal work without distinction of any kind; have rest, leisure and reasonable limitation of working hours and a period of holiday with pay, as well as, remuneration for public holidays.

To protect its interest and maintain relevance on the job, the law allows the worker to form or join a trade union, be trained and retrained for the development of its skills, as well as, receive information relevant to the work of the worker. It is in the interest of the employer to provide the conditions to avoid sanctions from the regulatory authorities or possible loss of talent, both of which can be detrimental to the success and sustainability of the business.

Together with the rights enjoyed by both under the law are some duties. These are as follows,

• Duties of employers: primarily, the duties of an employer are towards the work environment and processes; the well-being and skills development of the worker; fulfilments of legal conditions and to foster cordial working relationship within the workplace.

To this end, the employer is under obligation to ensure that in addition to a contract of employment or collective agreement provide work and appropriate raw materials, machinery, equipment and tools for work. Comply to pay the agreed remuneration at the time and place in the contract of employment or collective agreement or by custom without a deduction, except deduction permitted by law or agreed between the employer and the worker to fulfilling the employer’s part of the bargain.

The safety and well-being of every worker must be the priority of every employer. To this end the law requires the employer to take practicable steps to ensure that the worker is free from risk of personal injury or damage to health during and in the course of the worker’s employment or while lawfully on the employer’s premises.

To promote a sustainable business requires the right culture and talent and skills, therefore, the employer is obligated to develop its human resources by way of training and retraining of the workers while providing and ensuring the operation of an adequate procedure for discipline of the workers.

Finally, fostering a positive workplace requires communication flow which can be achieved by furnishing the worker with a copy of the worker’s contract of employment, encouraging open channels of communication with the worker and implementing initiatives that protect the interests of the workers.

• Duties of a worker: workers are the lifeblood of any organization, bringing their skills, experience, and dedication to the table. To ensure well-run business, however, the worker agrees, among its duties, to adhere to company guidelines and policies. In addition to any agreement between the parties, the law is primarily interested in promoting result-oriented activities leading to business sustainability.

To this end, the worker is duty-bound to practice mindful working that produces result and saves cost while having other workers in contemplation, as well as, protect and promote their interests.

A worker, therefore, is enjoined to work conscientiously in their lawfully chosen occupation by reporting for work regularly and punctually; contributing effectively to enhance productivity; exercise due care in the execution of assigned work; obey lawful instructions regarding the organization and execution of the worker’s work; demonstrate awareness of safety by taking reasonable care for the safety and health of fellow workers; protect the interests of the employer to ensure sustained growth, as well as, take proper care of the property of the employer entrusted to the worker or under the immediate control of it.

Conclusion

In conclusion, the rights and duties of employers and workers are pivotal in securing a stable, lawful, and just working culture, making the difference between organizations that merely exist and those that thrive. Whether an employer or a worker, understanding these dynamics should be seen not as burdensome a duty, but as a fundamental substance of fair practice and the bedrock to engendering a positive eco-system.

In addition, the employer and worker are a binding component of the working environment complimenting each other, holding a sphere of rights and duties, whose collective purpose is to maintain equilibrium within the employer-worker relationship.

It is of supreme importance to grasp these concepts as knowledge empowers individuals to protect and exercise their rightful entitlements, while honoring inherent duties. By the very nature of employment, these rights and duties enshrined in the law are interwoven, with the understanding and fulfilment of the latter ensuring the provision and respect of the former.

>>>the writer is an Associate with Employment and Labour Practice Group of Sustineri Attorneys PRUC (www.sustineriattorneys.com), a client-centric law firm specializing in Corporate, Transactions, Tax and Disputes. Dennis welcomes views on this article and is reachable at dennis@sustineriattorneys.com